Las Vegas Sands Corp. v. Eighth Judicial Dist. CourtAnnotate this Case
Steven Jacobs filed an action against Las Vegas Sands Corp. and related entities (collectively, “Sands”). During a hearing to consider sanctions as a result of Sands’s conduct in the discovery process, Sands attorney Justin Jones admitted that, prior to testifying, he had reviewed his billing records and e-mails from Jacobs that refreshed his memory as to the timing of events. Jacobs argued that the billing records and e-mails were openly discoverable because Nev. Rev. Stat. 50.125 requires a party to disclose any documents used to refresh a witness’s recollection. Sands objected based on the work product doctrine and the attorney-client privilege. Without deciding the discovery issue, the district court imposed sanctions on Sands. Two months later, Jacobs filed a motion to compel production of the disputed documents, which the district court granted. The Supreme Court granted Sands’s request for a writ of prohibition to halt the production of the purportedly privileged documents, holding that, under the circumstances of this case, where Jacobs failed to demand production, inspection, and admission of the documents at or near the sanctions hearing and waited until well after the district court had entered its order, Jacobs’s demand was untimely under section 50.125(1).